Case Study: District Of Columbia V. Heller

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AMDG
Ervin Colston
1-4-15
3rd
District of Columbia v. Heller (2008)

This case deals with the 2nd Amendment. What led up to this case was banning of handgun possession in the District of Columbia. The law of the District of Columbia at the time banned the registry and possession of handguns. Firearms that were legal in the District of Columbia were required to be unloaded and dissembled or bound by a trigger lock. Exceptions to this rule were for recreation or the firearm being located in a place pf business. The main man involved with the case, Dick Heller, was a special type of police officer who worked in the District of Columbia. Because of the law, Heller was unable to get an application to register a handgun that he wanted to keep inside of his house. Heller believed that his Second Amendment right was not being upheld, so he filed a federal lawsuit for the District of Columbia. Heller wanted the ban of handguns lifted, as well as the prerequisites of owning a firearm, the trigger lock. Heller believed that the trigger lock made firearm defense impossible. …show more content…
This was reversed when an appealette court directed the district court to enter a summary judgment in favor of the District of Columbia. The Court of Appeals interpreted Heller's complaint as a wish to protect himself for home self defense, and that the current law in place was a direct violation of his Second Amendment right. The Supreme Court later granted the case certiorari. The main issue of this case was which rights are protected by the Second Amendment of the Bill of

Columbia Vs Heller

the court case District of Columbia v. Heller surfaced after Dick Heller was refused by the District to register his handgun. Heller however won the case and was allowed to register it. The reasoning was that "The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms" (District of Columbia v. Heller – Case Brief Summary). This was determined by the Supreme Court, which still plays a key role in the debate today.…

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Persuasive Essay On Gun Control

is almost un-American to not own a gun. The United States has 88.8 guns per people, or about 270,000,000 guns (“Should More Guns…”). Many believe the high ownership of guns correlates to the amount of crimes happening in the country. According to studies, between 1980 and 2009 assault weapon bans did not affect murder rates (“Should More Guns…”). Whenever it comes to mass shootings, criminals are smart. They look for places where guns are not allowed because those that have a concealed carry license…

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The Pros And Cons Of Constitutional Interpretation

of judicial review has become an integral part of constitutional interpretation for Supreme Court justices. As the late Chief Justice Warren Burger said, “the doctrine of judicial review, as announced by Chief Justice John Marshall in 1803 in Marbury v. Madison, is likely to remain part of the American system…Marshall was the one who recognized the need to enunciate the doctrine as part of Federal Jurisprudence and seized the first opportunity to assert the power of the Court to measure an act of Congress…

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Gun Violence In America

In a comprehensive study published in American College of Epidemiology, Jeffery Swanson states, “Evidence is clear that the large majority of people with mental disorders do not engage in violence against others, and that most violent behavior is due to factors other than mental illness.” One can choose to believe the study or not because many do not because even the US Supreme Court, during the landmark 2008 case District of Columbia v. Heller strongly upheld the right to bear arms…

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The Argument Against Gun Control

home,” however the full context from this court case is frequently ignored by those who feel this certain way. In reality, within this court case the Supreme Court detailed specifically that United States citizens don’t have an unlimited right to guns nor the right to carry. Justice Antonin Scalia stated during the same court case, "Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained…

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Government: First Amendment to the United States Constitution and Navigation Privileges Precedent Essay

Alexys Allen August 1, 2014 Part Three: Court Cases 1. Marbury v. Madison(1803): Designated as a justice of the peace in the District of Columbia the last minute appointment were never fully finalized Precedent: when the constitution conflicts with an act of the legislature that act is invalidated established the supreme courts power of judicial law 2. McCulloch v. Maryland(1819): The state of Maryland passed legislation to impose lanes on the bank, McCulloch the cashier, of Baltimore…

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Reducing Crime: Gun Control Isn’t the Answer Essay

you is that the people have the right to keep and bear arms and that right shall not be infringed upon. In the 2008 case, D.C. v. Heller, the Supreme Court acknowledged that the Second Amendment protects an individual right to arms. This was the first time that the Second Amendment was used to claim that the Second Amendment means exactly what it says. About two years after that case, June 2010, the Supreme Court enforced the right against state interference. Claiming that the original meaning of…

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Gun Free Zone

Gun-free zones: protecting the innocent or a criminal’s free reign Parents want to be assured that their children are safe at school, and as concerned citizens they also want to feel safe in public. Therefore, the purpose of passing laws to establish gun-free zones is to give people much needed security and safety. However, the creation of gun-free zones disarms those law-abiding citizens who have responsibly defended themselves for years stripping them of the ability to protect themselves. Complicating…

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Gun Control vs. Gun Rights Essay

must be given as to what the benefits are of these gun control laws. Gun control laws must also be written as to not violate the Second Amendment of the Constitution as well. There have been many studies accomplished to determine if gun control laws actually do reduce the amount of violent crimes. These studies have discovered that there is no link…

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Nelson: Gun Politics in the United States and Harsher Gun Laws Essay

Guns and Gun Control [pic] Scott Olson/Getty Images For three decades, the story of gun control was one of notorious crimes and laws passed in response, beginning with the assassinations of Robert F. Kennedy and Dr. Martin Luther King Jr. in 1968. In 1994 the Democratic-controlled Congress passed bills proposed by President Clinton to restrict certain kinds of assault weapons and to create a national system of background checks for gun purchases, the political pendulum began to swing the other…

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